STATE OF MIZORAM Vs. K LALRUATA

JUDGEMENT

(1.) Right in the beginning, the learned Advocate-General has submitted that he is not in a position to represent the Government of Mizoram as the respondents were his clients before he was appointed as the Advocate-General of the State of Mizoram.The respondents are also absent without assigning any reason whatsoever. However, as the revision petition cannot be dismissed for default of the parties, I have decided to dispose of the matter on merit.

(2.) This petition under Section 397 has challenged the correctness, legality and propriety of the order dated 30-4-87 passed by the learned Special Judge, Mizoram at Silchar in Special Case No. 1 of 1982.

(3.) On the basis of the First Information Report lodged by Shri H. K. Chakravarty, Superintendent of Police, C.B.I. on 23-12-81 that during the year 1978 while Shri K. Lalruata as functioning as Office Assistant in the Office of the Superintendent, Railway Out Agency, under the Directorate of Supply and Transport, Government of Mizoram, Aizawl, he sold 7 numbers of railway tickets for Silchar to Bombay to one K. L. Muana and collected from him an amount of Rs. 1494.50 np, being the costs of the said numbers of railway ticket, by issuing money receipt No. 948201 dated 28-12-78 under his own hand writing as token of the receipt of the said amount and that the said K. Lalruata misappropriated the same, a case was registered at CBI Police Station at Silchar. On conclusion of the investigation, the charge under S. 409, IPC was hauled up against the accused and in course of time, the Investigating Officer submitted charge sheet against the accused to the Special Judge, Mizoram at Silchar. By his order dated 30-4-87 in Special Case No. 1 of 1982, the learned Special Judge discharged the accused presumably under S. 239, Cr. P.C. It is against this order of the learned Special Judge, Mizoram that the State of Mizoram has preferred the present revision.